And they must be for a specific amount. A bill or note for a given sum, and for whatever else may be due to the payee, is not, even between the original parties, a bill or note. (16) Nor is it good for the sum it specifies. (16) But an order of promise to pay so many "pound" instead of "pounds" is a bill or note. (17) on the question, whether a country bank was debtor to the holder of certain of their notes, which he had taken from third persons, not from the bank; the notes were for payment. some of five guineas, some of one guinea "in cash or Bank of "England notes ;' and after argument the court held the bank not debtor to this holder, for these notes were not within the statute, because a delivery of bank notes, which might be of less value than cash, would satisfy them, and they were not absolutely and at all events for payment of money in specie. Rex v. Wilcox, Easter, 1808. Indictment for forging and uttering a promissory note; the note was to "pay the bearer on "demand one guinea in cash or Bank of England notes;" it was issued by the Pontefract bank. A case was reserved for the consideration of the twelve judges, on the question, whether this was a note within the statute; and a majority of them held it was not; and upon a representation to the crown, the prisoner was pardoned. (16) Smith v. Nightingale, 2 Stark. 375. Defendant gave Eastling this note, "I promise to pay James Eastling, my head "carter, 651. with lawful interest for the same, three months "after date, with all other sums that may be due to him." Eastling's administratrix sued thereon; Lord Ellenborough thought it no note, even for the 657., but an agreement, and it not hav▾ ing an agreement stamp, he nonsuited the plaintiff. (17) Rex v. Post, Pasch. 1806. Prisoner altered a note for one pound into a note for ten, by substituting ten for one before the word "Pound" in the body of the note, and also in the corner. It was urged that a note for payment of ten pound was not a money note. On a case reserved, the judges were clear that it was, and that a capital conviction of the prisoner for forgery was right. Law Library University of Chicago, Negotiable bills or notes made in England for less than (18) twenty shillings are void; and all negotiable bills or notes made in England (excepting Bank of England notes, and notes payable to the bearer on demand), for twenty shillings and less than (19) five pounds, unless made conformably (18) By 48 Geo. III. c. 88. sect. 2. it is enacted, "that "all promissory or other notes, bills of exchange, or "draughts, or undertakings in writing, being negotiable or "transferable for the payment of any sum or sums of money, or any orders, notes, or undertakings in writing, being nego"tiable or transferable for the delivery of any goods, specify❝ing their value in money, less than the sum of twenty shillings "in the whole, heretofore made or issued, or which shall here"after be made or issued, shall, from and after the 1st day of "October, 1808, be, and the same are hereby declared to be, "absolutely void and of no effect; any law, statute, usage or "custom, to the contrary thereof in any wise notwithstanding." (19) By 17 Geo. III. c. 30. § 1. made perpetual by 27 Geo. III. c. 16., it is enacted, that all promissory or other notes, bills of exchange or draughts, or undertakings in writing, being negotiable or transferable, for the payment of twenty shillings, or any sum of money above that sum and less than five pounds, or on which twenty shillings or above that sum, and less than five pounds, shall remain undischarged, and which shall be issued, within that part of Great Britain called England, at any time after the 1st day of January, 1778, shall specify the names and places of abode of the persons respectively to whom, or to whose order, the same shall be made payable, and shall bear date before or at the time of drawing or issuing thereof, and not on any day subsequent thereto, and shall be made payable within the space of twenty-one days next after the day of the date thereof; and shall not be transferable or negotiable after the time thereby limited for payment thereof; and that every indorsement to be made thereon shall be made before the expir ation of that time, and bear date at, or not before the time of making thereof; and shall specify the name and place of abode of the person or persons to whom, or to whose order the money with certain regulations, are also void; and the contained in every such note, bill, draught, or undertaking, is to be paid; and that the signing of every such note, bill, draught, or undertaking, and also of every such indorsement, shall be attested by one subscribing witness at the least; and which said notes, bills of exchange, or draughts, or undertakings in writing, may be made or drawn in words to the purport or effect as set out in the schedule hereunto annexed, No. 1 and and 2. And that all promissory or other notes, bills of exchange, or draughts, or undertakings in writing being negotiable or transferable, for the payment of twenty shillings, or any sum of money above that sum and less than five pounds; or on which twenty shillings, or above that sum and less than five pounds, shall remain undischarged, and which shall be issued within that part of Great Britain called England, at any time after the said 1st day of January, 1778, in any other manner than as aforesaid; and also every indorsement on any such note, bill, draught, or undertaking, to be negotiated under this act other than as aforesaid, shall, and the same are hereby declared to be, absolutely void. SCHEDULE, (Place) (Day) (Month) (Year) 'Twenty-one days after date, I promise to pay to A. B. of (place) or his order, the sum of • Witness, E. F, for value received by And the Indorsement, toties quoties. (Day) (Month) Pay the contents to G. H. of (place) or his order, No. 2. (Place) (Day) (Month) C. D.' (Year) A. B.' (Year) Twenty-one days after date, pay to A. B. of (place) or his ' order, the sum of To E. F. of (place) value received, as advised by C. D.' Witness G. H.' person issuing or negotiating them (20) liable to a penalty not exceeding twenty pounds, nor less than five. These regulations are, that they specify the name and place of abode of the person to whom or to whose order they are made payable; that they be attested by one subscribing witness; that they bear date at or before the time when they are issued; and be made payable within twenty-one days after the date. But all notes payable to bearer, issued by the Governor and Company of the Bank of England, are (21) good and valid in law, notwithstanding their And the Indorsement, toties quoties. (Day) (Month) (Year) 'Pay the contents to I. H. of (place) or his order 'Witness L. M. A. B.' (20) By 48 Geo. III. c. 88. § 3. where the bill or note is for less than twenty shillings; and by 17 Geo. III. c. 30. § 2. where such bills or notes as fall within that Act, are not made conformably with the regulations there prescribed. (21) By 37 Geo. III. c. 28. it is enacted, "That all promissory notes, and other notes for payment of money, which since the second day of March, one thousand seven hundred and ninety-seven, have been, or which hereafter shall be issued by the Governor and Company of the Bank of England, payable to bearer, notwithstanding the same shall have been, or shall be, made and issued for the payment of any sum of money under the sum of five pounds, shall be good and valid in the law, to all intents and purposes, in like manner as if the same had been made and issued for the sum of five pounds, or up being for the payment of less than 51. And the act of the 17th Geo. III., so far as it relates either to the making void of promissory notes, or draughts, or undertakings in writing payable on demand to the bearer thereof, for any sum of money less than 51. in the whole, or to the restraining the publishing or uttering and negotiating of any such notes, draughts, or undertakings, was, during the late war, (22) suspended until six months after the ratification of a definitive treaty of peace; and the stamp-act now in force, 55 G. III. c. 184., which imposes stamps on such notes, implies that they are to be considered as valid. Sect. 4. A bill or note must purport that the money mentioned in it shall be payable absolutely and at all events; if it purports to make the payment depend on any uncertainty or contingency, the instrument is not, except in certain cases as to the stamp duties, a billor note; and if it is not a bill or note ab initio, no subsequent (23) event can make it so, wards; and no person concerned, or who has acted in, or who shall or may be concerned or act in, the making, uttering, publishing, or negotiating such notes, shall be subject or liable to any penalty or forfeiture whatsoever in respect thereof, (22) By 37 Geo. III. c. 32. and 45 Geo. III. c. 25. (23) See Colehan v. Cooke, Willes 393, and Hill v. Halford, post 16. and Blankenhagen v, Blundell, post. 30, |